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Notices of Amendments
given up to and including
Friday 8th June 2007
Public Bill Committee
Legal Services Bill [Lords]
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in
respect of the Bill agreed the following Resolution at its meeting on
Thursday 7th June (Standing Order No. 83C).
Bridget Prentice has given notice of her intention to move
a motion in terms of the Resolution of the Programming Sub-Committee.
Bridget Prentice
That, subject to the discretion of the Chairman, any written
evidence received by the Committee shall be reported to the House for
publication.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
Simon Hughes
John Hemming
217
Clause 1, page 1, line 10, after
‘(e)’ insert ‘subject to objectives (a) to (d),’.
Members’ explanatory statement
To ensure that the objective of promoting competition is expressly subordinate
to the objectives of protecting and promoting the public interest; supporting
the constitutional principle of the rule of law; improving access to
justice; and protecting and promoting the interests of consumers.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
Simon Hughes
John Hemming
207
Clause 1, page 2, line 7, at
end insert—
Members’ explanatory statement
This amendment would ensure that the avoidance of conflict of interest
is included within the professional principles, promotion of which is
(by virtue of Clause 1(1)(h)) one of the regulatory objectives.
Bridget Prentice
30
Schedule 1, page 121, line 6, leave
out ‘with the concurrence of the Lord Chief Justice’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords requiring the
concurrence of the Lord Chief Justice to the appointment of the chairman
of the Board.
Bridget Prentice
31
Schedule 1, page 121, line 10, leave
out ‘with the concurrence of the Lord Chief Justice’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords requiring the
concurrence of the Lord Chief Justice to the appointment of the members
of the Board other than its chairman and Chief Executive.
Bridget Prentice
32
Schedule 1, page 121, line 16, leave
out ‘and Lord Chief Justice’.
Members’ explanatory statement
This amendment is consequential on amendments 30 and 31, removing a
reference to the functions of the Lord Chief Justice which those amendments
remove.
Mr Kevan Jones
Simon Hughes
John Hemming
264
# Schedule 1, page 121, line 19, leave
out ‘first’.
Bridget Prentice
33
Schedule 1, page 122, line 17, leave
out ‘and Lord Chief Justice’.
Members’ explanatory statement
This amendment is consequential on amendments 30 and 31, removing a
reference to the functions of the Lord Chief Justice which those amendments
remove.
Bridget Prentice
34
Schedule 1, page 123, line 6, leave
out ‘with the concurrence of the Lord Chief Justice’.
Members’ explanatory statement
This amendment reverses one made in the House of Lords requiring the
concurrence of the Lord Chief Justice to the removal from office of
an ordinary member of the Board (which includes the chairman).
Bridget Prentice
35
Schedule 1, page 123, line 8, leave
out ‘and Lord Chief Justice’.
Members’ explanatory statement
This amendment is consequential on amendment 34, removing a reference
to the function of the Lord Chief Justice which that amendment removes.
Bridget Prentice
36
Schedule 1, page 123, line 11, leave
out ‘and Lord Chief Justice are’ and insert ‘is’.
Members’ explanatory statement
This amendment is consequential on amendment 34, removing a reference
to the function of the Lord Chief Justice which that amendment removes.
Bridget Prentice
37
Schedule 1, page 123, line 21, leave
out sub-paragraph (5).
Members’ explanatory statement
This amendment reverses one made in the House of Lords which duplicates
the provision made by other amendments requiring concurrence of the
Lord Chief Justice in the removal from office of an ordinary member
of the Board.
Bridget Prentice
38
Schedule 1, page 123, line 23, leave
out ‘the Lord Chancellor and Lord Chief Justice remove’
and insert ‘removing’.
Members’ explanatory statement
This amendment is consequential on amendment 34, removing a reference
to the function of the Lord Chief Justice which that amendment removes.
Bridget Prentice
39
Schedule 1, page 123, line 26, leave
out ‘and Lord Chief Justice’.
Members’ explanatory statement
This amendment is consequential on amendment 34, removing a reference
to the function of the Lord Chief Justice which that amendment removes.
Bridget Prentice
40
Schedule 1, page 123, line 35, at
end insert—
‘The terms of appointment of the chairman or any
other ordinary member may provide for the Board to pay, or make payments
towards the provision of, a pension, allowance or gratuity to or in
respect of that person.
If the Lord Chancellor thinks there are circumstances
that make it right for a person ceasing to hold office as chairman or
another ordinary member to receive compensation, the Board may pay that
person such compensation as the Lord Chancellor may determine.’.
Members’ explanatory statement
This amendment provides that the terms of appointment of the chairman
or other ordinary members of the Board may provide for pensions, allowances
or gratuities. It also allows the Board to pay compensation to the chairman
or other ordinary members in certain circumstances.
Bridget Prentice
41
Schedule 1, page 124, line 6, at
end insert—
‘The Board may pay compensation for loss of employment
to or in respect of a member (or former member) of staff.’.
Members’ explanatory statement
This amendment allows the Board to pay compensation to its staff or
former staff for loss of employment with the Board.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
Simon Hughes
John Hemming
206
Clause 3, page 2, line 25, leave
out ‘so far as is reasonably practicable.’.
Members’ explanatory statement
To ensure that the Legal Services Board’s duty to act in a way
which is compatible with the regulatory objectives is not qualified.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
213
Clause 3, page 2, line 34, at
end insert—
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
214
Clause 3, page 2, line 34, at
end insert—
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
254
# Clause 3, page 2, line 34, at
end add—
Members’ explanatory statement
This amendment is designed to ensure that regulation is proportionate
and risk-based.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
267
# Clause 4, page 2, line 36, at
beginning insert ‘(1)’.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
216
Clause 4, page 2, line 36, leave
out ‘assist in the maintenance and development’ and insert
‘ensure the development and maintenance’.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
215
Clause 4, page 3, line 1, at
end insert—
‘( ) In relation to subsection (1)(b), the Board
must satisfy itself that appropriate standards of education and training,
including training in client care, are being maintained by approved
regulators and, should it not be so satisfied in respect of any particular
education and training scheme or schemes, the Board must consider withdrawal
of its approval of that scheme or those schemes.’.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
Simon Hughes
John Hemming
221
Clause 8, page 3, line 31, at
end insert—
Members’ explanatory statement
To make the Lord Chancellor responsible for approving appointments to
the Consumer Panel.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
208
Clause 8, page 4, line 3, at
end insert—
Members’ explanatory statement
This amendment makes clear that the Consumer Panel should include representatives
of corporate users of legal services, as well as individuals and small
businesses, and disapplies the prohibition on authorised persons serving
as members of the Consumer Panel so far as any representative of corporate
users of legal services is concerned.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
219
Clause 8, page 4, line 3, at
end insert ‘, and
(c) qualified but non-practising solicitors who, in their
professional capacity, use or purchase services provided by persons
who are authorised persons in relation to activities which are reserved
legal activities.’.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
209
Clause 8, page 4, line 11, after
‘(d)’ insert ‘save in respect of a person appointed
to represent corporate users of reserved legal activities.’.
Members’ explanatory statement
See statement for amendment 208.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
220
Clause 8, page 4, line 12, at
end insert ‘, except for those authorised persons referred to
under subsection 4(c).’.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
218
Clause 8, page 4, line 21, after
‘appointed’ insert—
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
223
Clause 11, page 5, line 6, at
end add—
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
Simon Hughes
John Hemming
222
Clause 11, page 5, line 10, after
‘Board’, insert ‘or on its own initiative’.
Members’ explanatory statement
To enable the Consumer Panel to carry out research and give advice to
the Board on its own initiative, rather than only being permitted to
do so at the Board’s request.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
Simon Hughes
John Hemming
224
Clause 11, page 5, line 16, at
end add—
(a) to provide the Consumer Panel with all such information
as, having regard, in particular to the need to preserve commercial
confidentiality, the Board considers appropriate to disclose to the
Panel for the purpose of enabling the Panel to carry out their functions;
and
Members’ explanatory statement
To ensure the Consumer Panel has access to the information it needs
to carry out its functions, which is held by the Board, subject to appropriate
restrictions.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
Simon Hughes
John Hemming
210
Clause 12, page 5, line 26, at
end insert—
Members’ explanatory statement
To add will-writing to the list of reserved legal activities which can
only be carried out by authorised persons.
Bridget Prentice
108
Clause 15, page 7, line 15, at
end insert—
Members’ explanatory statement
The effect of this amendment is that an independent trade union falls
under Clause 15(4), and therefore does not need to be entitled, when
it carries out certain member services that are reserved legal activities.
The individual through whom the union carries on such services will
still have to be entitled.
Bridget Prentice
109
Clause 15, page 7, line 16, after
‘(6)’, insert ‘Subject to that,’.
Members’ explanatory statement
This amendment provides that orders under Clause 15(6) are subject to
the provision at amendment 108.
Simon Hughes
John Hemming
269
* Clause 17, page 8, line 22, at
end insert—
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
256
# Clause 18, page 8, line 32, at
end insert—
Members’ explanatory statement
See Members’ explanatory statement for NC14.
Bridget Prentice
129
Schedule 3, page 130, line 14, leave
out from ‘individual’ to ‘in’ in line 15 and
insert ‘whose work includes assisting’.
Members’ explanatory statement
This amends paragraph 1(7)(a) of Schedule 3 in order to clarify the
category of persons who, if appropriately supervised, are exempt from
the requirement to be authorised in order to exercise rights of audience.
It is intended to ensure that, for example, partners in a partnership
can be exempt.
Bridget Prentice
130
Schedule 3, page 131, line 37, leave
out paragraph (b).
Members’ explanatory statement
This amendment removes paragraph 3(4)(b) from the Bill on the basis
that this provision is no longer necessary given the effect of amendment
131.
Bridget Prentice
131
Schedule 3, page 131, line 39, leave
out paragraphs (d) to (f) and insert—
Members’ explanatory statement
This amendment replaces paragraphs 3(4)(d) to (f), which identify connected
persons in specific kinds of bodies, with a more general provision which
identifies connected persons in any body which is an authorised person.
It will, for example, cover recognised bodies which are partnerships.
Bridget Prentice
132
Schedule 3, page 133, line 10, leave
out paragraph (b).
Members’ explanatory statement
This amendment removes paragraph 4(3)(b) from the Bill on the basis
that this provision is no longer necessary given the effect of amendment
133.
Bridget Prentice
133
Schedule 3, page 133, line 12, leave
out paragraphs (d) and (e) and insert—
Members’ explanatory statement
This amendment replaces paragraphs 4(3)(d) and (e), which identify connected
persons in specific kinds of bodies, with a more general provision which
identifies connected persons in any body which is an authorised person.
It will, for example, cover recognised bodies which are partnerships.
Mr Jonathan Djanogly
Mr Henry Bellingham
Mr Tobias Ellwood
Simon Hughes
John Hemming
255
# Schedule 4, page 142, line 14, leave
out sub-paragraph (3) and insert—
Members’ explanatory statement
This amendment is designed to reverse the presumption that the advance
approval of the Legal Services Board should be required to changes to
approved regulators’ regulatory arrangements.
Bridget Prentice
110
Clause 23, page 12, line 1, leave
out ‘a’ and insert ‘an independent’.
Members’ explanatory statement
This amendment is part of a set of amendments that change the Bill’s
references to trade unions to independent trade unions, as defined in
amendment 126. This amendment provides that independent trade unions
will have the transitional protection set out in Clause 23.
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